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2018 (6) TMI 1581 - AT - Income TaxDeduction 80IB(10) - claim allowable for the profits of the project as a whole OR part of the project on a prorata basis - concept of proportionate deduction u/s.80IB(10) for the completed building or block of the project - whether Section 80IB(10)(a) stipulates the condition for the project as a whole and not individual units or flats of buildings? - CIT-A allowed proportionate claim - HELD THAT - CIT(A) has rightly allowed the deduction u/s.80IB(10) to the assessee as it is undisputed fact that the assessee completed construction of 108 flats and obtained completion certificate for the same. As per the Valuation Officer s report, the assessee has complied with the conditions provided in section 80IB(10) and AO ignored the same and failed to comment on the eligibility of section 80IB(10) of the Act. AO failed to appreciate the judgment of jurisdictional High Court in the case of CIT Vs. Brahma Associates (2011 (2) TMI 373 - BOMBAY HIGH COURT ) in the right perspective and chose to reproduce part of the judgment to his convenience to deny the claim of the assessee. It is a settled legal proposition that the claim of deduction is allowable on pro-rata basis qua the complete part of the project. Considering the above, we are of the opinion that the assessee is entitled to pro-rata deduction u/s.80IB(10) of the Act for the buildings B, C and D. We therefore, uphold the order of CIT(A). The grounds raised by the Revenue are dismissed.
Issues Involved:
- Appeal filed by Revenue against CIT(A)'s order allowing deduction u/s.80IB(10) for Assessment Year 2011-12. - Dispute over whether deduction u/s.80IB(10) is allowable for the entire project or on a prorata basis for completed buildings. - Interpretation of the judgment in the case of Brahma Associates and Others regarding proportionate deduction for residential units fulfilling conditions of section 80IB(10). - AO's denial of deduction u/s.80IB(10) for project 'Faith' based on completion issues and tribunal decisions. - CIT(A)'s decision to allow pro-rata deduction u/s.80IB(10) for buildings B, C, and D. - ITAT Pune's final judgment dismissing Revenue's appeal and upholding CIT(A)'s order. Detailed Analysis: 1. The appeal raised concerns about the Ld.CIT(A)'s decision to allow deduction u/s.80IB(10) for the Assessment Year 2011-12. The Revenue argued that the deduction should apply to the entire project as a whole and not on a prorata basis for individual units or buildings. The dispute revolved around the interpretation of section 80IB(10) and whether the deduction should be granted for the completed project or specific parts of it. 2. The factual background revealed that the assessee, a partnership firm engaged in real estate development, claimed a substantial deduction u/s.80IB(10) for a housing project named 'Faith' in Pune. However, the AO denied the deduction based on completion issues and tribunal decisions citing cases like Vishwas Promoters Pvt. Ltd. and Brahma Associates. The AO's stance was that the entire claim of deduction should be disallowed due to incomplete aspects of the project. 3. In the First Appellate proceedings, the CIT(A) disagreed with the AO's interpretation and allowed the claim of pro-rata deduction u/s.80IB(10) for specific buildings B, C, and D of the project. The CIT(A) highlighted that the assessee had fulfilled all conditions for the deduction and obtained completion certificates for the relevant residential units within the prescribed time frame. The CIT(A) relied on judicial pronouncements to support the decision to grant proportionate deduction for the completed parts of the project. 4. The ITAT Pune, comprising Shri D.Karunakara Rao and Shri Vikas Awasthy, analyzed the arguments presented by both sides. After reviewing the CIT(A)'s findings and the relevant legal aspects, the ITAT upheld the decision to allow pro-rata deduction u/s.80IB(10) for buildings B, C, and D. The ITAT emphasized that the assessee had completed construction of 108 flats and met the conditions specified in the section. The judgment highlighted the AO's failure to properly consider the legal precedents and the completion status of the project, leading to the dismissal of the Revenue's appeal. 5. Ultimately, the ITAT Pune pronounced the final judgment on June 6, 2018, dismissing the Revenue's appeal and affirming the CIT(A)'s order to grant pro-rata deduction u/s.80IB(10) for the specified buildings. The decision rested on the principle that deduction should be allowed on a proportional basis for completed parts of the project, in line with the legal requirements and precedents cited during the proceedings.
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